Federated Textiles, Inc. v. Mooresville Shirt Corp.

174 S.E. 290, 206 N.C. 471, 1934 N.C. LEXIS 215

• Court: Supreme Court of North Carolina
• Decided: May 2, 1934
• Status: Published

Opinion

Stacy, C. J.

The case is distinguishable from Weir v. Weir, 196 N. C., 268, 145 S. E., 281, cited and relied upon by movant, in that, it is found by the clerk: (1) that the announcement of the auctioneer chilled the bidding; (2) that the sale was not conducted in a prudent and just manner; (3) that the price bid was grossly inadequate.

Under the findings made by the clerk, there was no error in declining to confirm the sale. The rights and remedies of the parties are fully discussed in annotation: 69 L. R. A., 33.

Affirmed.